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GAZETTE
MARCH 1986
Agricultural Consultants
- Serving the Legal Profession
by
Ultan Conway, B.Agr. Sc., M.A.C.A.
President, Agricultural Consultants Association
N
early all solicitors' practices, including those in
urban areas, have cases where an agricultural con-
sultant is retained to prepare a report or to give profes-
sional evidence. Consultants also assist in non-contentious
agricultural matters, such as contracts, settlements and
partnerships, administration accounts and Income and
Capital Tax computations.
The input of the agricultural consultant is a vital
factor in determining the amounts involved in compen-
sation claims. The far reaching consequences of sever-
ance to a farm unit, the income losses arising from
personal injury, fires or the supply of faulty goods or
services are some of the areas where the professional
agricultural consultant can prepare detailed reports,
costings, etc., and give evidence at hearings which might
follow.
It is important therefore that solicitors be aware,
firstly, of the scope and range of services provided by
the agricultural consultants and, secondly, how best to
make full use of the consultant in the interest of the client.
Professional Status
The Agricultural Consultants Association, founded
in the early seventies, has a constitution and rules
governing membership and qualifications, professional
conduct and other matters.
To be eligible for membership, one must hold a
university degree in agricultural science or its equivalent,
have relevant post-graduate experience and practise
exclusively as an independent consultant.
Employees of lending institutions, agribusiness firms,
state or semi-state companies are not eligible for mem-
bership. This helps to ensure that members can be
totally objective and free of conflict of interests, and
that once an assignment is undertaken, the member acts
only for the client and in that client's interests.
Range of Services
While members provide a broad range of services, the
main areas of interest to the legal profession are in
property and lands, insurance and legal matters. Advice
is provided in connection with land purchase, sales and
valuations, and reports can be provided for purchasers
or vendors or where disputes arise. Where loss or
damage occurs on the farm, the agricultural consultant
will carry out an inspection and prepare a report including
estimates of consequential loss, where applicable. He
will also give professional evidence at court hearings.
Loss of Income
Loss of income can be difficult to quantify in cases of
personal injury to farmers. Consultants have considerable
experience and expertise in these situations. Where good
farm records and plans are available, the consultant can
assess present and future losses after inspecting farm
and other resources. His report can then be used as a
basis for actuarial calculations as part of a claim.
Where records are poor or incomplete, the consultant
will inspect lands, buildings, stock and any available
vouchers or documentary data, interview the farmer
and then provide estimates which will form the basis of
claim.
The consultant will then be available to attend con-
sultations with solicitors and counsel, participate in
negotiations and give professional evidence at a hearing.
C.P.O.s, Wayleaves, Severance
The growth of urban areas, the construction of roads,
drainage schemes and other public and private develop-
ments will continue to have a serious impact on farmers
and farmland. Consultants can assess compensation
which will depend not only on the extent of severance
and damage, but also on the scale and intensity of the
farming system being carried on as well as its future
potential.
Disputes
The agricultural consultant can also be of assistance
in the case of disputes or claims between farmers,
contractors, merchants or other suppliers of goods or
services to farmers. Such claims can arise from failure
of product (e.g. seeds, sprays, feeds, etc.), failure to
honour contracts and other similar disputes.
Retaining a Consultant
If a consultant is instructed as early as possible, he
can assess items such as crop damage which may only be
visible or quantifiable for a short period. The consultant
may also advise a client as to how losses can be minimised.
Fees
Minimum scales of fees are issued by the Association
to members, and these may be had on request. It is rec-
ommended that the basis of fee charges be discussed and
agreed prior to an assignment being undertaken. This
may be agreed on a time or other basis, depending on
the type or size of case involved.
Other Services
Information on member firms can be had by contact-
ing the Association or any of its members. Our repre-
sentatives have met with the President and other
members of the Law Society and hope to continue with
these meetings on matters of common interest.
The Agricultural Consultants Association will be glad
to nominate speakers to address local Bar Associations
or seminars on mutually relevant topics of interest. •
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